Does Body Brain Center claim common law copyright to the Manual?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Although we have not filed any applications for copyright registration, we do claim common law copyright to the Manual, our website and all marketing materials that we prepare. During the term of your Franchise Agreement, we will allow you to use our
proprietary information relating to the development, construction, marketing and operation of a Body & Brain Center, including operating methods, specifications, techniques, procedures, marketing strategies and information comprising the System and the Manual.
You are required to maintain the confidentiality of all of our proprietary information and use it only in strict accordance with the terms of the Franchise Agreement and the Manual. You must promptly tell us when you learn about unauthorized use of our proprietary information. We are not obligated to act, but will respond to this information as we deem appropriate. You are not permitted to control any proceeding or litigation alleging the unauthorized use of any of our proprietary information. We have no obligation to indemnify you for any expenses or damages arising from any proceeding or litigation involving our proprietary information. There are no infringements that are known by us at this time.
We will own all data pertaining to the services offered by you under your Business. We will also own all customer files, accounts and contracts, all of which must be assigned to us (upon our request) following the expiration, termination or transfer of your Franchise Agreement. In addition, if one of your members switches their membership or customer agreement to another Body & Brain franchisee or company-owned business, we may transfer the account and all data pertaining to that member to the Body & Brain franchisee or company-owned business to which the membership or customer agreement was transferred.
Source: Item 14 — PATENTS**, COPYRIGHTS, **AND PROPRIETARY INFORMATION (FDD pages 33–34)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, while they have not filed for copyright registration, they do claim common law copyright to the Manual, their website, and all marketing materials they prepare. During the franchise term, Body Brain Center will allow franchisees to use their proprietary information related to the Body & Brain Center's development, construction, marketing, and operation. This includes operating methods, specifications, techniques, procedures, marketing strategies, and information comprising the System and the Manual.
As a Body Brain Center franchisee, you are obligated to maintain the confidentiality of all proprietary information and use it strictly according to the Franchise Agreement and the Manual. You must promptly inform Body Brain Center of any unauthorized use of their proprietary information. However, Body Brain Center is not obligated to act on this information, and you are not permitted to control any legal proceedings related to the unauthorized use of their proprietary information. Body Brain Center is not obligated to cover any expenses or damages from such proceedings.
Body Brain Center retains ownership of all data related to the services offered under your business, including customer files, accounts, and contracts. These must be assigned to Body Brain Center upon the expiration, termination, or transfer of the Franchise Agreement. Additionally, if a member switches to another Body Brain Center franchise or company-owned business, Body Brain Center may transfer the account and all related data to that new location. This underscores the importance of protecting Body Brain Center's intellectual property and adhering to the terms of the Franchise Agreement to avoid potential legal issues and maintain a compliant business operation.